The Nexus Between Self-determination, Territorial Integrity and Uti Possidetis Juris: The Case of Somaliland

The right to self-determination is important in that it allows a state to enjoy economic, social and political freedom. Arguably, the right to self-determination has existed long before its theorisation under international law. In as much as the right to self-determination is an important right, the right to territorial integrity under Article 2 of the United Nations Charter is equally important. This principle prohibits the use of force by one state against another, thereby compromising its political independence. Thus, the principle of territorial integrity builds on the right to self-determination by allowing states to decide how they will govern themselves politically. Both principles correlate with the principle of uti possidetis juris, which is geared towards preserving the colonial borders of former colonies. These three principles come into play in the case of Somaliland which seceded from the parent state, Somalia. The three principles have influenced the recognition of Somaliland in several ways. In practice, there has been tension around how these three principles should be applied. According to precedent, the right to self-determination is encouraged to be exercised under international law up to a point where they lead to cesession. This article delves into the nexus between these three principles, and in particular Somaliland’s latitude to exercise the right to self-determination to detach itself from the obviously undesirable union with the larger Somali Republic.